Tag: Siminilayi Fubara

  • Like tortoise, like Fubara

    Like tortoise, like Fubara

    Siminilayi Fubara, the shrill-whining governor of Rivers, particularly when baying under pressure, reminds one so much of the tortoise in the Yoruba folktale.

    Tortoise announced he was going on a trip. When would you return?  He deadpanned: when I’m disgraced!

    Ola Rotimi, in Kurunmi, that Yoruba historical tragedy, used the tortoise parallel to paint the excesses of Kurunmi, lord of Ijaye and Aare Ona Kakanfo of the Oyo Empire. 

    Kurunmi perished, ousted by the invading Ibadan forces, losing his seven sons in battle — and his Ijaye fiefdom to boot.

    No matter his grouse with his emperor, Alaafin Adelu, Kurunmi should have been less inflexible.  True, by extant tradition, Adelu, the Aremo (firstborn of the Alaafin) should have died with his father, not succeed him.  But Atiba had changed that tradition, thus clearing Adelu’s path from forced death, to royal succession.

    But Kurunmi balked at that new order.  He defied his new emperor, just because he felt he had the lethal force to prevail.  When the formidable Ibadan army stormed Ijaye, after all entente had failed, the playwright, Ola Rotimi, deemed Kurunmi’s intransigence a wrong tactic to press a right cause — hence the tortoise’s parallel.

    Alaafin Adelu needed to consolidate his hold on power.  Ibadan scoffed at any rival power, which Ijaye was.  In that high-power convergence of interests, Kurunmi was toast, though too deluded to know! The rest, as they say, is history.

    So, are Fubara’s causes, against Nyesom Wike, the abrasive guy that loves to war and brawl to wear down his foes, wrong or right?  Besides, which of the two camps kisses naked danger, though is too far gone to realize it?

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    That would depend on where you stand on the Wike-Fubara divide — just too much sentiments in the air to correctly track anything!

    But Governor Fubara isn’t exactly an Ijaw equivalent of Kurunmi — heady, intrepid and rumbling.  Wike, his arch (tor)mentor, and now FCT minister, fits more into that profile. 

    Still, Fubara could whine, kick, bite and swear!  As Kurunmi, he shares a penchant for reckless excesses, which bait avoidable ruin.  That explains his latest judicial jam — a thundering double defeat that was hardly a surprise.

    Fubara, as executive basket mouth, is perhaps the only governor in today’s Nigeria that would insult a high court judge for doing his job, trash-talk the Inspector-General of Police (IGP), laying grievous allegations at his feet, and call his mentor-turned-arch tormentor names, just to press his democratic right to white rage!

    But no tears for Wike — the Sim insults are majestic Karma at work!  Wike too, no less,  had scalded, bruised and verbally bombed Rotimi Amaechi, his ex-boss and benefactor. 

    Still, while Fubara blows hot, he easily forgets that common sense — and survival instinct — impose on him the imperative to make friends (and not talk up powerful foes), just in case you need some right voices, in right quarters, when the chips are down.  Not Fubara!  He brawls as if there would be no tomorrow!

    Now, that dreary “tomorrow” is here.  The governor, buried by own rashness, is sapped by cold law — the twin-nullity of his budget (for two years’ running!) and the council poll he forced, abusing and traducing about everyone in view! 

    He would cut his loss and make a dash for some negotiated peace?  No way!  From his post-verdict antics, Fubara seems digging deeper and deeper!  Poor Rivers!

    Still, how long, for instance, did he figure he would continue dealing with his glorious “simple minority” of four, in the Rivers House of Assembly of 32, and he wouldn’t get roasted, with him even providing the fuel?  How long?

    Should push come to shove, Fubara could be toast! 

    Should the Rivers House go full blast for impeachment, only a miracle would save Fubara.  How could anyone be elected governor, and yet not know spending public money, without parliamentary appropriation, is democracy’s most grievous crime, only next to treason? 

    In the Rivers’ tragic burlesque, even the state’s Attorney-General, who bears the suffix of SAN — the learned silk, Nigeria’s highest professional ranking of lawyers — passed through a four-man screening, in a 32-member Rivers Assembly!  If gold rusts, what would iron do?

    Pray, how could such a crippled appointee advise the governor against governance outlawry, which the Supreme Court utterly flayed in its February 28 verdict that brought Fubara down to earth?  It’s certainly not the best of times for the embattled governor!

    But it’s neither for the Wike camp, with its post-verdict unbridled triumphalism; and a confetti of rash orders to further bludgeon the dust-biting Fubara and co.

    Again, for Fubara, no tears from here!  He should have known what’s coming for him, with such executive brigandage he had allowed himself to be goaded into. 

    Again here, the Supreme Court referenced his gung-ho demolition of the House of Assembly, a rash act tantamount to, as the apex court put it, cancelling democracy in the state!

    Still, while the Wike camp have the infantile Fubara exactly where they want him, any rash move from their own end could earn them defeat from the jaw of victory! 

    That’s the thing, though. It need not be a zero sum game.  But Rivers politics would be nothing, if not zero-sum — either with Amaechi versus Wike;  or this Wike/Fubara row.

    So, though the Supreme Court verdict has been humbling — if not crushing for Fubara: and just as well — it could offer a new re-set that gifts the Rivers folks a relief.

    Law is cold.  It already leaves Fubara for dead.  But emotive politics is as hot as clinical law is frigid and cold.  Fubara could have earned his impeachment — if it came — by own reckless executive follies and foibles.

    Still, everyone knows the beginning of invoking an impeachment.  But hardly anyone knows how it would pan out.  Which is why both sides must take the judgment as welcome shock therapy.  The Rivers APC, calling for Fubara’s resignation in 48 hours or be impeached, should perish that reckless thought!

    Also, the so-called Ijaw “youths”, threatening Armageddon on Fubara’s account, should chill.  That’s as infantile as Fubara’s approach to governance. 

    It doesn’t paint the Ijaw in good light.  It’s only the dumb that resort to violence — of which no one has a monopoly — because they can’t think through a challenge.  The Ijaw are far too illustrious and far smarter than that.

    Besides, they should have learnt from the Goodluck Jonathan debacle.  Threat and thunder didn’t fetch President Jonathan a second term any more than it would save Fubara from the political guillotine, via an impeachment well-earned.

    But with mutual caution, it need not go to that dire extreme.

    Which is why the Wike side too must work toward peace with dignity.  Even if they loathe Fubara as a “traitor”, they should honour the office of the governor.

    Incidentally, all these would have been averted, had Fubara heeded the presidential peace framework of re-submitting his budget to the legit Assembly, but no!

    Let both parties return to that framework.  Rivers deserves peace and development, not conflict without end, among its political warlords.   Enough is enough!

  • Fubara: Pay day for outlawry!

    Fubara: Pay day for outlawry!

    Thanks to the candid judgment of highest court of the land, the events of October 29, 2023 and their many confounding aftermaths in the Garden City State, have been comprehensively settled. Reminds me of the Biblical abomination of desolation – used to describe an egregious violation of covenant, the judgment came to me as an unambiguous censure of outlawry; a brutal excoriation of that individual for whom the law is what he alone, apparently, thinks it is!

    Lest I forget, those Nigerians, particularly the supremely voluble television lawyers still in expectation of some judicial reprieve from the lower court on the question of the status of the 27 lawmakers decreed out of existence by Fubara and his henchmen, the publication of the entire text of the judgment in this newspaper’s edition of last Friday must have come as a terrible blow.

    As far as judgments go, nothing that could have been touched appears to have been left untouched. From how the parliament, the symbol of representative government in that beautiful enclave, was razed to the ground by anarchists, who, supposedly for the loved for their beloved governor, thought little of taking the country back to the Stone Age.

    To how the governor, following their steps, in an unparalleled demonstration of executive delinquency, moved in the bulldozers to complete the rite of destruction on that symbol that had cost the state treasury billions of taxpayers’ money.

    And still to the constitutional absurdity of a four-member parliament making laws for the people to the exclusion of the majority of 27; the intervening charade of screening members of the state executive council followed by the bigger sham of local council elections that mocks not just the law but the tenets of constitutionalism, with the governor disdainfully proclaiming that the jungle – his self-declared jungle –has matured.

    And then the travesty of all time – a gang of four members assuming the power over the purse of the state in place of a properly constituted legislative assembly even when a lower court had earlier pronounced such activity as a clear usurpation of the powers of the majority and thus illegal.

    All of these and many more were touched upon by the five-man panel of justices.

    Talk of the house Fubara built finally collapsing like a pack of cards!

    To borrow the words of the jurists: “In this case, the executive arm of the government has chosen to collapse the legislature to enable him to govern without the legislature… As it is, there is no government in Rivers State”, the apex court had thundered!

    Fubara, it specifically noted, “started the prevention of the sittings of the Rivers State House of Assembly constituted by the number of members as prescribed by Section 96 of the 1999 Constitution long before the issue of the remaining 27 members defecting to another political party arose.

    Fubara’s activities “were adjudged by the concurrent holdings of the Court of Appeal in its judgment in Appeal No. CA/ABJ/CV/133/2024 as illegal and unconstitutional long before the allegation of defection started”, said the justices while referencing an earlier judgment of the appellate court.

    His “reliance on Sections 102 and 109 of the Constitution and the doctrine of necessity”, it said “is to continue his brazen subversion of the Rivers State House of Assembly, the 1999 Constitution and legitimate government in Rivers State”.

    How, truly are the mighty fallen. This is a governor, who in May last year had told “those group of men who claim that they are assembly members; they are not existing. I want it to be on record…

    “I accepted that peace accord to give them a floating. That’s the truth. There is nothing in that peace accord that is a constitutional issue. It is a political solution to a problem. I accepted it because these are people that were visiting me and we were together in my house.

    “These are people that I have helped… in many ways when I wasn’t even a governor. Yes, we might have our disagreements, but I believe that one day, we could also come together. That was the reason I did it.

    “But I think it has gotten to a time when I need to make a statement on this thing, so that they understand that they are not existing. Their existence and whatever they have been doing is because I allowed them to do so. If I don’t recognise them, they are nowhere; that is the truth”.

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    That was the almighty Fubara announcing the dawn of jungle rule to a visiting delegation from the neighbouring state of Bayelsa led by former Governor Seriake Dickson; moments after openly repudiating the political settlement brokered by President Bola Ahmed Tinubu.

    No doubt, the past few days must have been a rather traumatic metamorphosis for Fubara. From being everything from underling, to deal breaker and then to lawbreaker and finally to supremo; and now with the apex court’s definitive judgment, he has been stripped of his self-assumed pretences to unchallengeable power. What an elegant way by the Supreme Court to restore order and decorum to the conduct of government business.

    Can the law, which he had all of these while scoffed at, still save him? With the options so narrow and in-between, I guess that is a tough question to hazard. Will the political process which he falsely assumed would answer to his diktat still avail given how rapidly things have turned? That is even more problematic particularly as he still talks as someone living in wonderland, totally oblivious of the unambiguous pronouncement of the apex court. Like Donald Trump and his blithe summon to his MAGA goons in the dying days of his first term, imagine Fubara even asking his own ‘cult’ to stand firm for further instructions!

    And what about those supposed elders, the army of conflict entrepreneurs and ethnic jingoists, egging him on? Assuming that they have not been too far gone in their Samsonian Complex; will they now afford him the space to read the signs correctly and to take corrective measures? Will he be willing to eat the humble pie to engage his nemesis? What about those who, only yesterday pronounced him their hero? Will they still have the nerves to stay the course?

    The days ahead promises to be interesting. 

  • Queer quorum

    Queer quorum

    •Rivers aberration demands urgent judicial resolution

    The judgment of Justice Sika Aprioku of Rivers State High Court, authorising the governor of the state, Siminilayi Fubara, to transact legislative business with the three-member faction of the 32-member state House of Assembly smacks common sense on its face. But worse, it rides roughshod over the well-established principle of judicial precedent or stare decisis, which compels the state High Court to rely on the judgment of the Court of Appeal on a similar matter.

     Section 96(1) of the 1999 constitution (as amended) clearly provides: “The quorum of a House of Assembly shall be one-third of all members of the House.” We therefore urge the National Judicial Council (NJC) to investigate such aberration.

    We recall that in July last year, the Court of Appeal, sitting in Abuja, nullified the sacking of the 27-member faction of the Rivers State House of Assembly, and expressly held that the state governor acted recklessly in dealing with the three-member faction as the duly constituted Rivers State assembly. Before then, on January 22, 2024, Justice James Omotosho of the Federal High Court, sitting in Abuja, had affirmed the Speaker of the 27-member faction, Martin Amaewhule, as the authentic speaker of the state assembly.

    The judge also nullified the 2024 Rivers State budget which was presented to the three-member faction, and the state governor was ordered to represent the budget to the 27-member faction, which the court held as the authentic House of Assembly. Again, on October 30, last year, Justice Joyce Abdulmalik of the Federal High Court, Abuja, delivered a judgment stopping the Central Bank of Nigeria (CBN) from further releasing the federal monthly allocations to the Rivers State government since it has no legitimate budget in place. The judge held the governor’s action as an affront on constitutional order.

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    So, what legal precedent did Justice Aprioku of the River State High Court rely on, to make the far-reaching pronouncements he made recently? Would he claim to be ignorant of the judgment of the Court of Appeal, which has not been upturned by a higher court. The judge’s pronouncement that the matter could only be resolved by the Supreme Court shows utter disregard for the Court of Appeal, which is the direct superior court to his court. We consider the disrespect as unbecoming of a judge, sworn to uphold the constitution and dispense justice without fear or favour.

    We wonder whether the judge relied on extra-judicial considerations in the matter? Instead of relying on a judicial precedent, he referred to the actions of a past governor, which cannot be a substitute for a judicial precedent of a superior court; in this instance, the Court of Appeal. The judgment speaks to the quality of judicial officers appointed to our courts. Clearly, a judge cannot rely on facts not in issue or relevant to the facts in issue to determine the issues before him. Assuming a former governor of the state acted in breach of the constitution, will that justify another governor doing the same?

    We agree with the Federal High Courts and the Court of Appeal that the three-member faction of the state House of Assembly cannot constitute a proper legislative arm of Rivers State. To pretend that it does, as Governor Fubara and Hon. Victor Oko-Jumbo had, in the past one year or so, made a mockery of our constitutional democracy. We urge the courts not be seen to give judicial imprimatur to such recklessness, and so the matter before the Supreme Court should get accelerated hearing, so that the matter would be determined finally.

    For the avoidance of doubt, we do not have a preference which way the judgment must go. What we consider an aberration is that three members can constitute a quorum in a State Assembly of 32 members, to exercise the far-reaching constitutional responsibility of the assembly. The earlier the matter is finally determined, the better for the people of Rivers State, who are entitled to constitutional democracy as enshrined in the 1999 constitution (as amended).